New Episode: Suspension considered, appeal reject, and museum cancelled #274

New episode News

In your latest update from the Local Government News Roundup,
The local government minister reported to be considering the suspension of Strathbogie Shire Council;
A former councillor’s appeal against a misconduct finding rejected in court;
Plans for a new museum in Melbourne’s west cancelled;
The latest Victorian mayoral election results;
The latest on the proposed Inner West council demerger;
A Queensland mayor cleared of misconduct allegations;
A council bows to pressure after using the Wiggles to drive away homeless people;
And a twist in the four day work week stoush between a UK council and the government.

The Local Government News Roundup is brought to you by the Victorian Local Governance Association, the national broadcaster on all things local government.

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Stories in this episode (with links where available)

Victorian Roundup:

The Local Government Minister, Melissa Horne, is reportedly considering suspending councillors at Strathbogie Shire Council.

Cr Robin Weatherald has spoken unofficially to the Euroa Gazette, revealing that councillors have received correspondence from the Minister asking the council to show cause why it should not be suspended.

The correspondence included the final report from municipal monitor Peter Stephenson which is yet to be publicly released.

Cr Weatherald claims that Mayor Laura Binks will respond to the Minister recommending a suspension of all councillors, a position that he does not support.

The council has been hit with a string of councillor resignations this term, citing various concerns about governance and culture at the council.

There has been no official comment from the council on recent resignations or the Minister’s correspondence, and the Minister’s office has told the Euroa Gazette that a response to the monitor’s report will follow in due course.

More from the Euroa Gazette (suscription required).

An appeal by former Stonnington Councillor Alexander Lew against a finding of misconduct made by arbiter Yehudi Blacher has been dismissed by the Supreme Court.

The judge found that the arbiter made no material error in law in his understanding of the scope of his jurisdiction.

Tony Raunic of Hunt & Hunt Lawyers speaking on VLGA Connect this week said the court decision provides useful guidance on how the role of the councillor as set out under the Local Government Act intersects with required standards of conduct.

So the decision’s really an authority for the fact that councillors communicating with members of the public about matters for decisions by council, even though that might not fit precisely well within that section 28(1) definition, that will amount to councillors performing their role.

And so if they do that in a way that is contrary to the standards of conduct – show disrespect, discourtesy etc., for an individual that might amount to misconduct.”

All grounds of review pressed by Mr Lew were rejected.

A dispute over a roller-door appears to have scuttled plans for Australia’s first Vietnamese Museum, which was to have been built in Footscray.

The Age reported this week that the planned museum in the city of Maribyrnong has been abandoned because an adjoining owner refused to relocate a roller door used for loading facilities – a condition of the council in issuing a planning permit.

The proponent confirmed that it had withdrawn an appeal to VCAT and would now focus its efforts elsewhere.

Maribyrnong Council CEO Celia Haddock said the council supported the concept, and was disappointed that the museum would not be proceeding on the site in Barkly Street.

The site for the 20th season of top-rating television program The Block has been confirmed after plans to film in Hepburn Shire fell through recently.

The show will now be filmed in Bass Coast Shire, on Phillip Island.

The program’s executive director told the website TV Tonight that Bass Coast Mayor Michael Whelan had confirmed an arrangement to record at Island Cove Villas.

Speculation has been rife for some weeks, including concerns about how traffic impacts will be handled given there is only one way on and off the island, as well as the need to ensure environmental issues are handled appropriately.

A significant piece of open space in Healesville will remain in public hands after Yarra Ranges Shire Council closed a deal with VicTrack, which had begun a process to sell the land earlier this year.

The proposed sale raised concerns in the community about the future of Coronation Park, which for more than 30 years has been a site for activities like community stalls and picnics.

The council secured the land for $675K, a 50 per cent discount on the formal valuation of $1.35M.

Some more mayoral election results since our last episode:

At Manningham, Carli Lange has been elected mayor, with Laura Mayne elected deputy mayor – both were elected unanimously to the roles.

Melton City Council has elected Kathy Majdlik to her fourth term as mayor – she first held the role in 2013, and was last in the position in 2021

Steve Abboushi has been appointed as Deputy Mayor for the second time.

Greater Bendigo has announced a mayor and deputy mayor-elect. Andrea Metcalf will retain the mayoralty, while Matthew Evans will be deputy mayor when the council formally confirms the appointments next week.

You can keep up with mayoral election results as they come through on the Roundup website.

Victorian Briefs:

The giant magpie sculpture in Euroa’s Seven Creeks Park has been given a name. It will now be known as Swoop the Big Barrwarrang. Barrwarrang means magpie in the language of the local Taungurung people.

Strathbogie Mayor Laura Binks announced the new name last weekend following a call for suggestions from the community.

And the shire has launched new textile recovery boxes for local residents to drop off their unwanted clothing and other textile items for upcycling.

It’s part of a collaboration with UpCycle4Better to reduce the amount of textiles going into landfill.

Greater Shepparton City Council has conducted a successful campaign to recruit swimming instructors ahead of the busy summer season.

27 aspiring instructors attended a recruitment day on Thursday, designed to streamline the application process. Training and on-boarding of the new instructors will now begin.

A series of online workshops will be held this month to help build links between sustainability-minded council officers and schools in their area.

Sustainability Victoria says the workshops are an opportunity to forge deeper connections between councils and schools to strengthen sustainability education across the state.

The first of seven workshops will be held this coming week in the Hume region.

National Roundup:

NSW:

The NSW government has hired a financial advisory firm to conduct a financial analysis of a proposal to split Inner West Council into its former components of Ashfield, Leichhardt and Marrickville.

The consultancy fees will cost the state more than $150,000, according to a report from the Daily Telegraph.

The proposal to demerge the council has been supported by 62.5 per cent of inner west voters in a non-binding plebiscite at the last local government elections.

However, a business case commissioned by the council found that the demerger could cost between $200.7 million and $232.8 million over 20 years, and is predicated on the cost being met by the state government.

A review of the potential demerger is yet to be conducted by the Local Government Boundaries Commission.

Waverley Council, which oversees Bondi, Bronte and Tamarama beaches, is asking the state and federal governments to help it cover the $4.3 million annual cost of maintaining and managing the popular tourist destinations.

As reported by the Daily Telegraph, the council says it faces major infrastructure and cost pressures from the 1.5 million visitors who flock to the beaches every year, especially during the holiday season.

It spends close to $2.5 million on lifeguards, $1.4 million on open spaces, and $68,270 on user-pays police to control crowds, and also has to comply with the federal government’s anti-terrorism guidelines for high-profile locations, which adds to the security expenses.

Waverley Council mayor Paula Masselos said the council welcomes visitors to its beautiful area, but also needs support from other levels of government to ensure the safety and quality of the beaches.

A new e-scooter trial planned for MidCoast Council has been put on hold, after the provider pulled out of the scheme.

Bird was on board to deliver the trial commencing 15th November, but has now said it cannot proceed, and it’s unclear why.

The council says it is now working to secure another provider for the trial, which is planned to run in the Forster-Tuncurry area.

QLD:

A misconduct complaint against Bundaberg Mayor Jack Dempsey has been rejected by the local government watchdog.

The Councillor Conduct Tribunal found Mayor Dempsey had not engaged in misconduct when he approved a $20K salary increase for the council’s CEO without the oversight of the council.

As reported by the Courier Mail, the complaint was made by another mayoral candidate, Helen Blackburn and one other anonymous complainant.

Noosa Council has decided to defer the adoption of its controversial Noosa River Catchment Management Plan until 2024, after receiving feedback from the community and stakeholders.

The plan proposes to establish a conservation park across fish habitat areas in the river, under a trust agreement and joint management plan with the Queensland Government.

This would give the council more influence and involvement in the river management, while maintaining the current fishing and boating activities.

However, recreational and commercial users of the river have raised concerns that the conservation park status could restrict their access and rights.

Acknowledging a need for more engagement and education on the plan, the Council has extended the public consultation period until December 31st, and will now make a final decision on the plan next year.

WA:

The City of Bunbury has stopped playing The Wiggles’ Hot Potato on loop at a local soundshell after intervention from the band and a public outcry.

As reported by the ABC and others, The Wiggles expressed disappointment that their music was being used to deter rough sleepers from the area.

Bunbury Mayor Jaysen Miguel said that the city will review its approach to rough sleepers, including the use of music; and the decision-making process will be examined to understand how the use of Hot Potato came about.

Mayor Miguel says the issue has highlighted the need for a multi-government and multi-agency approach to address homelessness.

The City of Cockburn has become the first local government in Western Australia to ban the use of wire trace fishing line in its waters, in a bid to prevent injuries to swimmers and entanglements of marine life.

The ban, which came into effect last month, applies to all beaches, jetties, and boat ramps within the city’s boundaries.

The city’s decision to ban wire trace fishing line was prompted by several incidents of injuries and entanglements involving the line in recent years.

Mayor Logan Howlett has encouraged anglers to be responsible and respectful when fishing in the city’s waters, and dispose of their fishing line properly.

National Briefs:

The City of Launceston is hoping address issues with responsible parking of rental e-scooters, with a roll out of 38 dedicated e-scooter parking bays across its CBD.

The move is a recommendation of the evaluation report from a 12 month trial that ran until December last year.

Once installed, e-scooters will only be able to be parked in the designated bays.

A new report on the publication of disclosure of interest returns at NSW Councils has found significant improvement in compliance since a 2021 audit, but some councils remain non-compliant.

The Information and Privacy Commission has made seven recommendations for councils to implement to promote openness, transparency and accountability, and says it will continue to monitor compliance with the Model Code of Conduct.

WA’s Shire of Broomehill-Tambellup has advertised the position of CEO.

The shire is in the Great Southern region of the state. Mills Recruitment is taking applications until 20th November.

The current CEO Anthony Middleton has been with the council since June last year.

International Spotlight:

UK:

A standoff between a UK council and the government over its trial of a four day work week has taken a turn this week, with the government using its Best Value power to issue a formal warning to South Cambridgeshire District Council.

The local government minister Lee Rowley has previously called on the council to cease the trial, but the council has so far held firm.

The Best Value notice requires the council to produce evidence on whether the council is meeting its Best Value Duty, and flags the potential for further action if deemed necessary.

Mr Rowley said the government is extremely concerned that the council continues to experiment with taxpayer’s money by offering full time pay for part time work.

The move has been described by the Council’s leader as an overreach.

A pay offer for local government workers in England, Wales and Northern Ireland has been agreed by two trade unions, while one other is continuing to take industrial action.

The offer equates to a 9.42% pay rise for the lowest paid workers, and 3.88% for staff on higher salaries, according to the website Room151.

Council chief executives have been informed of the majority decision to accept the pay offer this week.

However, for the third consecutive year, the union UNITE has refused to accept a pay offer and is expected to continue strike action at a small number of councils.

It has also been reported this week that local authority chief executives will receive a 3.5% salary increase backdated to April.

NZ:

At Wellington City Council, the mayor Tory Whanau has been accused of launching a politically motivated attack against a group of councillors, after filing a code of conduct complaint over an alleged leak of confidential information.

The mayor alleges that details of a proposed land purchase deal were leaked to the media, and the council has launched an investigation into the matter.

Four of the five accused councillors have issued a joint statement saying that they would not be cooperating with the investigation, calling it biased and unfair.

They say the mayor has never discussed the matter with them, and there is no evidence to support the allegations.

Radio New Zealand has been reporting on developments, but has been unable to draw comment from the mayor or the council.

The tense relations between councillors, including reported ghosting of the deputy mayor by colleagues, led to the mayor cancelling weekly councillor only meetings last month.

A second petition has been reportedly delivered to Gore District Council in New Zealand, asking for the removal of its chief executive Stephen Parry.

The petition was organised by the Gore District Citizen Action Group, which is objecting to the appointment of Mr Parry as interim CEO shortly after he had resigned the position he had held for more than 20 years.

The petition has more than 300 signatures and is seeking the mayor, Ben Bell to intervene and appoint an independent person to receive the petition.

The council told Radio New Zealand that it had not yet received a petition and would have no response until it had.

Academic and keen local government observer Andy Asquith joins me for a special bonus episode of Roundup Unfiltered to discuss these latest NZ developments, as well as the wash up from the Western Australian local government elections. Roundup subscribers have priority access to that episode right now.

CANADA:

In Canada, two councillors at the city of Saint John are challenging their suspension from committee duties in court, claiming they were unfairly punished for supporting striking city workers.

Councillors Joanna Killen and Brent Harris were reprimanded by the council for attending a union news conference and expressing solidarity with union members who were recently on strike for one month.

CBC reported that the councillors say they were not given a chance to defend themselves before the council voted to remove them from civic committees, and that the sanction was severe and humiliating.

They are asking the Court to reverse their removal and pay their legal fees.

Mayor Donna Reardon said the councillors’ actions put the city at risk during negotiations.

A third-party investigation was also launched into the two councillors’ actions.